27 October 2015

Beijing Calls U.S. Warship’s Route in South China Sea a “Provocation”

Jane Perlez, “Beijing Calls U.S. Warship’s Route in South China Sea a ‘Provocation’,” New York Times, 27 October 2015.

China on Tuesday accused the United States of committing a “deliberate provocation” by sending a Navy destroyer into waters claimed by Beijing, adding that such actions would force China to speed up its building program in the South China Sea.

“China will firmly react to this deliberate provocation,” Lu Kang, a spokesman for the Chinese Foreign Ministry, said at a regularly scheduled news conference. He added, “China will not condone any action that undermines China’s security.”

The statements came hours after the Lassen, a guided missile destroyer, sailed within 12 nautical miles of Subi Reef, one of several artificial islands that China has built in the disputed Spratly Islands chain. The United States had signaled for weeks that it would undertake the mission, which it called an exercise of the right to freedom of navigation in international waters. …

A Pentagon official, who spoke on the condition of anonymity because he was not authorized to speak for attribution, said that the plan had been to stay on a defined path, not to loiter and not to be provocative. He said the Lassen, which is part of the Navy’s Seventh Fleet, was headed back to its base at Yokosuka, in Japan. …

The Pentagon apparently chose Subi Reef, which is known as a low-tide elevation, with great care, said Andrew S. Erickson, associate professor at the China Maritime Studies Institute, at the United States Naval War College in Rhode Island.

Under the United Nations Convention on the Law of the Sea, a low-tide elevation — meaning it is naturally submerged at high tide — is not entitled to a 12-nautical-mile territorial limit, Mr. Erickson said. Beyond a 500-meter safety zone, foreign ships and aircraft are free to operate at will without consultation or permission, he said. …

Further thoughts from Andrew Erickson:

Beyond 500 meters of low-tide elevations (LTEs)—features naturally below water at high tide—foreign ships and aircraft are free to operate at will without consultation or permission, as USS Lassen has just done near Subi Reef. Unlike rocks or islands, under international law, LTEs such as Subi are not entitled to the 12 nautical miles’ territorial waters or airspace that rocks or islands are. Rather, beyond a 500-meter safety zone, all high seas freedoms apply. These are the freedoms that USS Lassen has just exercised.

The USS Lassen’s positive action underscores U.S. commitment to maintaining an open global system with global commons that are free for all to use to the maximum extent permitted by international law, without favor, fear, or obstruction. Freedom of the Seas is a key element of this vital equation.

As can be seen from the peaceful, unimpeded nature of the USS Lassen’s operation, China and the U.S. share an interest in keeping the South China Sea’s vital sea lanes of stable and open.

For related analysis, see:

Simon DenyerCraig Whitlock and Steven Mufson, “U.S. Warship Sails within 12 Miles of Chinese-Built Island in South China Sea,” Washington Post, 26 October 2015.

Andrew S. Erickson, “China’s Main Mission: South China Sea, Not Syria,” The National Interest, 5 October 2015.

Dan De Luce and Paul Mcleary, “In South China Sea, a Tougher U.S. Stance,” Foreign Policy, 2 October 2015.

James Hardy and Sean O’Connor, “China Completes Runway on Fiery Cross Reef,” IHS Jane’s Defence Weekly, 25 September 2015.

Christina Larson, “China’s Island Building Is Destroying Reefs,” Science 349.6255 (25 September 2015): 1434.

Andrew Erickson and Kevin Bond, “Essay: China’s Island Building Campaign Could Hint toward Further Expansions in Indian Ocean,” USNI News, 17 September 2015.

Ronald O’Rourke, Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress (Washington, DC: Congressional Research Service, 7 August 2015), R42784.

Andrew S. Erickson and Kevin Bond, “Dredging Under the Radar: China Expands South Sea Foothold,” The National Interest, 26 August 2015.

Andrew S. Erickson, “New U.S. Security Strategy Doesn’t Go Far Enough on South China Sea,” China Real Time Report (中国实时报), Wall Street Journal, 24 August 2015.

Andrew Erickson and Kevin Bond, “Dredging Fleet Shores up Beijing’s Position in South China Sea and Beyond,” Lowy Interpreter, 12 August 2015.

Andrew S. Erickson, “Keeping the South China Sea a Peaceful Part of the Global Commons,” The National Interest, 27 July 2015.

Andrew S. Erickson, “Follow the Dragon Tracks: China’s Emerging Presence From the South China Sea to Facilities Access in the Indian Ocean,” keynote address to Congressional Defense and Foreign Policy Forum, Defense Forum Foundation, Capitol Hill, Washington, DC, 24 July 2015.

Andrew S. Erickson, Testimony before the House Committee on Foreign Affairs Subcommittee on Asia and the Pacific, Hearing on “America’s Security Role in the South China Sea,” Rayburn House Office Building, Washington, DC, 23 July 2015.

Andrew S. Erickson and Kevin Bond, “Archaeology and the South China Sea,” The Diplomat, 20 July 2015.

Gabriel B. Collins and Andrew S. Erickson, “Djibouti Likely to Become China’s First Indian Ocean Outpost,” China SignPost™ (洞察中国) 91 (11 July 2015).

Andrew S. Erickson and Gabriel B. Collins, “Dragon Tracks: Emerging Chinese Access Points in the Indian Ocean Region,” Asia Maritime Transparency Initiative, Center for Strategic and International Studies, 18 June 2015.

Andrew S. Erickson, “Lengthening Chinese Airstrips May Pave Way for South China Sea ADIZ,” The National Interest, 27 April 2015.

Andrew S. Erickson, “See China’s Secret Ocean Airbase,” Live interview on “Today Asia” Program, CNN International, 17 April 2015.

Andrew S. Erickson and Austin M. Strange, “Pandora’s Sandbox: China’s Island-Building Strategy in the South China Sea,” Foreign Affairs, 13 July 2014.